The Supreme People’s Court recently rendered a decision on the retrial petition filed by YKK Corporation against the Trademark Review and Adjudication Board and Ruianshi Libo Motor Vehicle Parts Co., Ltd., concerning the YKK trademark opposition administrative litigation. In the Administrative Retrial Judgment No. 67 of 2016, the claim for cross-class protection of YKK as a well-known trademark is supported by the Supreme Court. This retrial case has attracted extensive attention as it concerns the hot spot issue about how to determine the protection scope of well-known trademark.

The Supreme Court rule that prior to the filing date of the opposed mark, the YKK trademark of the petitioner has acquired very high reputation on the goods zippers, and based upon which, the YKK trademark can enjoy protection over the goods vehicle interior decoration products. The Supreme Court reiterate in its decision that the cross-class protection scope of a well-known trademark shall depend on the distinctiveness of the mark, the level of awareness by relevant public, the relevance of the goods and the balance of interests of involved parties. Meanwhile, in light of the trust protection principle under the administrative law, the Supreme Court emphasized the importance of the principle of consistency in application of law, in order to safeguard transparency and predictability in the application of trademark law.

Congratulations to another victory of the trademark litigation team of the firm before the Supreme Court, being the result of superb professionalism and continuous dedication of the whole team.